26 Official Information (5) If, within a reasonable time after the report is made under section 19(3) of the Ombudsman Act 1984 (as applied by subsection (3) of this section), no action is taken which seems to an Ombudsman to be adequate and appropriate, the Ombudsman, in his or her discretion, after considering the comments (if any) made by or on behalf of any Ministry or Minister of the Crown or organisation affected, may send a copy of the report and recommendations to the Prime Minister, and may thereafter make such report to Parliament on the matter as he or she thinks fit. (6) The Ombudsman shall attach to every report sent or made under subsection (5) of this section a copy of any comments made by or on behalf of the Ministry or Minister of the Crown or organisation affected. (7) Notwithstanding anything in this section, an Ombudsman shall not, in any report made under this section, make any comment that is adverse to any person unless the person has first been given an opportunity to be heard. (8) If, in relation to any request for official information made under Part 3 or Part 4 of this Act, any Ministry or Minister of the Crown or organisation fails within the time limit fixed by section 14(1) of this Act (or, where that time limit has been extended under this Act, within that time limit as so extended) to comply with paragraph (a) or paragraph (b) of subsection 14(1) of this Act, that failure shall be deemed, for the purposes of subsection (1) of this section, to be a decision made under Part 3 or Part 4 of this Act. (9) Undue delay in giving any person access to official information in response to a request under Part 3 or Part 4 of this Act for access to that information shall be deemed, for the purposes of subsection (1) of this section, to be a decision made under Part 3 or Part 4 of this Act. 42. Saving in respect of Ombudsman Act 1984 - Except as expressly provided in this Act, nothing in this Act shall derogate from or limit the functions of the Ombudsman under the Ombudsman Act 1984. PART 6 REVIEW BY INDEPENDENT CONSULTANT 43. Appointment of independent consultant – (1) The Prime Minister, acting with the concurrence of Cabinet, shall not later than the 31st December 2010 and may from time to time thereafter (but not more frequently than every three years) appoint an independent person or persons (in subsection (2) of this section and in sections 44 and 45 referred to as the independent consultant) to carry out the functions set out in sections 44 and 45 of this Act, such appointment to be upon such terms and conditions including as to remuneration as shall be determined by Cabinet. (2) The independent consultant shall prepare a report on the matters referred to in sections 44 and 45, such report to be presented to the Prime Minister. (3) The Prime Minister shall make copies of the independent consultant’s report publicly available immediately following receipt, and shall table the same in Parliament forthwith if Parliament is in session and if Parliament is not in session, shall table the report forthwith at the commencement of the next ensuing session.